How is it even possible to be approved in 6 months (F4)?

[HazelEyedHippie 0]

My uncle applied for his sister and her family in September 1998 under the F4 category (she's married with children). In October 2002, they received an approval notice, and in 2011, they received their green cards. HOWEVER, the son, who was supposed to be protected under the Child Status Protection Act and to not have "aged out" was denied his green card. The reason? Although you receive this message when you look up their case number online:

On October 1, 2002, we mailed you a notice that we have approved this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN. Please follow any instructions on the notice.

and they received their approval notice in 2002, they were told, sorry, your case was approved March 1999, 5 months and 3 weeks after they received the case. We were distraught, to say the least. This young man (he's 29 now) who had been waiting for his green card for 13 years and had planned his life around it was crushed, to say the least. We hired a lawyer, but they said nothing could be done, and we just left it at that (he has a new pending case now, approved recently). The more I think about this, though, the more it bothers me. Do they usually approve such cases in less than 6 months, AND if so, why did they receive the notice of approval 3.5 years later? It just seems so weird to me.

:/

[aaron2020 11,651]

Hi,

The I-130 can be approved that quickly.

INS (now USCIS) warns that derivative beneficiaries can age out and there are no guaranty of a visa.

Even if the I-130 was approved in 3.5 years, he aged out 5 years ago.

If the family had done the CSPA calculations, they would have realizes he aged out long ago.

Applicants are responsible for knowing their eligibility.

Sorry, but the family should have been more on top of their case.

This is not a case of the laws being misapplied or the aged out child being treated unfairly.

What is bothering is people not looking after their eligibility and plan accordingly.

Edited July 13, 2014 by aaron2020

[Boiler 45,855]

Even if you took the later date he aged out. Perhaps not by much, seems he was 26 when the pd was current.

Planning your life around a possible visa does seem illogical.

[aaron2020 11,651]

In 2000, my father filed for my brother. At that time, my brother had three children ages 13, 15, and 16. The I-130 was approved in 2002.

In 2002, we calculated that my brother's children had two years of CSPA protection and would age out when they turned 23.

When my brother's PD became current in 2010, we already had things figured out for the kids.

We knew early around 2002 that his two oldest kids (then ages 17 and 18) were unlikely to benefit from CSPA and we provided for their education in Vietnam. We knew by 2007 that the youngest might age out too and provided for her education in Vietnam. Fortunately, the youngest was very lucky and her father's PD left her with a CSPA age of 20 years and 11 months.

The two older children are now being petitioned by my brother.

By planning early, we were not surprised that the children were aging out.

Edited July 14, 2014 by aaron2020

[HazelEyedHippie 0]

Sorry if I was unclear, I meant that by planning his life around it, he just pinned his dreams around being in the US.. He went to university in his country, got a college degree, etc.. Sorry if I wasn't clear about that. Yes, it's true, my uncle wasn't very "on top" of the situation, sadly. In fact, they had a previous case MANY years ago that basically "expired" because they moved and didn't provide the INS with their new address. Their other child was young enough to immigrate with that case too. So.. pretty sad on every level.

Well, we're at least happy that now the couple has their green card and has applied for their children, and hopefully they'll be able to come in a few years. Thanks for your replies.

[NigeriaorBust 4,087]

If he is 29 now in 2001 he was about 26 and more than 5 years too old, even with the later date he had no chance of coming. Not sure why he was disappointed if he had read the rules he would have known what to expect. Assuming he remains unmarried he has a 7 or so year wait. But he must remain single

[HazelEyedHippie 0]

Oh and also, we did use those CSPA calculators/consult 3 lawyers who said that he would have been 20.5 years of age according to the CSPA and thus have been eligible if he had been approved in 2002, when they received the approval notice, rather than '99 when the INS said that it had actually been approved.. either way, fruitless, I suppose.. :/

Right, yes, he knows he must remain single, thanks..

[aaron2020 11,651]

I get ya. Education is only part of it. Giving the kids realistic expectations was more of my point which I did a poor job on.

My point was that the kids knew early through our CSPA calculations that CSPA was not going to allow them to immigrate with their parents. They didn't have false hopes of immigrating with their parents.

IMHO, its the responsibility of both the petitioner and beneficiary to understand the rules early so they can deal with aging out and not give false hope to the children.

[NigeriaorBust 4,087]

Approval was at the longest 3 years 2 months, If he is now 29 that would make his youngest effective age today 26 +- a month and in 2011 ( 3 years ago he would have been 23. Not sure where you think he could have been under 21